Page 3942 - Week 13 - Wednesday, 1 December 2021
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in February 2024 rather than February 2022. Amendments introduced by the amendment act will provide additional support for vulnerable members of the community to discharge their infringement notices. The amendments ensure that the payment system for infringement notice offences is flexible and that personal circumstances are taken into account, to better cater to the needs of people on low incomes or who are otherwise financially disadvantaged.
By making it easier for people to discharge their infringement notices, this tailored payment system will also increase the sum of fines recovered by the territory. This deferral will provide time for further work to support the implementation of these amendments.
It is also important to highlight that the bill also makes a number of other notable amendments that will improve and clarify the operation of the laws in the territory. There are amendments to several legislative provisions related to succession law which will modernise and clarify the notice required to be issued by an executor or administrator in the distribution of a deceased estate. These amendments harmonise the relevant pieces of legislation and, in doing so, provide clarity to those members of our community who are responsible for the distribution of a deceased’s estate during what can be a very difficult time.
The amendment to the Land Titles Act will provide the Registrar-General with clear authority to accept an authorised agent’s verification of the identity of a self-represented party for the purposes of lodging instruments which purport to transfer or otherwise deal in or affect an interest in land in the ACT. This minor amendment will provide greater accessibility to self-represented parties to make land titles transactions by supporting more-readily available access to verification of identity processes and recognised identity agents.
The bill also makes a minor and technical amendment to provide that a death of an unclaimed deceased person must be registrable rather than registered in order for the Public Trustee and Guardian to be able to accept responsibility for the body. Typically, to register the death of person, certain particulars are usually recorded, including method of disposal. This amendment acknowledges that, while a death may be recorded without this information, it is administrative preference not to do so in order to support accurate recordkeeping and operational efficiency.
Finally, I foreshadow that I will be moving government amendments to this bill. The amendments are to the Criminal Code, specifically to the provisions dealing with the defence of mental impairment. The need for these amendments has arisen following a recent ACT Supreme Court decision which concluded that the relevant provisions of the Criminal Code are to be interpreted in a way which departs from the longstanding approach which has applied to the burden of proof for this defence.
The amendments will make clear that an accused claiming the defence of mental impairment has a legal burden to prove not only that they had a mental impairment but that the impairment had a relevant effect on their offending behaviour. This amendment clarifies the burden and standard of proof applicable to the defence of
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